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The Public Interest Disclosure (Whistleblower Protection) Act
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This version is current as of December 14, 2018.
It has been in effect since December 1, 2018.

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C.C.S.M. c. P217

The Public Interest Disclosure (Whistleblower Protection) Act

(Assented to December 7, 2006)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

PURPOSE AND DEFINITIONS

Purpose of this Act

1           The purpose of this Act is

(a) to facilitate the disclosure and investigation of significant and serious matters in or relating to the public service, that are potentially unlawful, dangerous to the public or injurious to the public interest; and

(b) to protect persons who make those disclosures.

Definitions

2           The following definitions apply in this Act.

"chief executive" means

(a) in relation to a department, the deputy minister of the department;

(b) in relation to an office, the officer of the Legislative Assembly in charge of the office;

(c) in relation to a school division or a school district, the superintendent of the division or district or, if there is no superintendent, the secretary-treasurer of the division or district;

(d) in relation to  a municipality, the chief administrative officer of the municipality;

(e) in relation to a local government district, the resident administrator of the district; and

(f) in relation to any other government body, the chief executive officer of the body.

(« administrateur général »)

"department" means a department of the government. (« ministère »)

"designated officer" means the senior official designated under section 6 to receive and deal with disclosures under this Act. (« fonctionnaire désigné »)

"disclosure" means a disclosure made in good faith by an employee in accordance with this Act. (« divulgation »)

"employee" means an employee or officer of a department, government body or office. (« employé »)

"government body" means

(a) a government agency as defined in The Financial Administration Act;

(b) a regional health authority established or continued under The Regional Health Authorities Act;

(c) a child and family services agency incorporated under The Child and Family Services Act;

(d) a Child and Family Services Authority established under The Child and Family Services Authorities Act;

(e) a school division or a school district;

(f) a municipality that is designated in the regulations as a government body for the purposes of this Act;

(g) a local government district that is designated in the regulations as a government body for the purposes of this Act; and

(h) any other body designated as a government body in the regulations. (« organisme gouvernemental »)

"municipality" means a municipality that is continued or formed under The Municipal Act, and includes The City of Winnipeg. (« municipalité »)

"office" means

(a) the office of the Auditor General;

(b) the office of the Chief Electoral Officer;

(b.1) the office of the registrar appointed under The Lobbyists Registration Act;

(c) the office of the Advocate for Children and Youth;

(c.1) the office of the Information and Privacy Adjudicator; and

(d) the office of the Ombudsman. (« bureau »)

"Ombudsman" means the Ombudsman appointed under The Ombudsman Act. (« ombudsman »)

"public body" means

(a) a department;

(b) a government body; and

(c) an office. (« organisme public »)

"reprisal" means any of the following measures taken against an employee because the employee has, in good faith, sought advice about making a disclosure,  made a disclosure, or co-operated in an investigation under this Act:

(a) a disciplinary measure;

(b) a demotion;

(c) termination of employment;

(d) any measure that adversely affects his or her employment or working conditions;

(e) a threat to take any of the measures referred to in clauses (a) to (d). (« représailles »)

"school board", "school district" and "school division" have the same meaning as in The Public Schools Act. (« commission scolaire », « district scolaire » et « division scolaire »)

"wrongdoing" means a wrongdoing referred to in section 3. (« acte répréhensible »)

S.M. 2008, c. 40, s. 42; S.M. 2010, c. 33, s. 55; S.M. 2017, c. 8, s. 52; S.M. 2018, c. 4, s. 2.

PART 2

DISCLOSURES OF WRONGDOING

WRONGDOINGS

Wrongdoings to which this Act applies

3           This Act applies to the following wrongdoings in or relating to a public body:

(a) an act or omission constituting an offence under an Act of the Legislature or the Parliament of Canada, or a regulation made under an Act;

(b) an act or omission that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of the duties or functions of an employee;

(c) gross mismanagement, including of public funds or a public asset;

(d) knowingly directing or counselling a person to commit a wrongdoing described in clauses (a) to (c).

S.M. 2018, c. 4, s. 3.

Discipline for wrongdoing

4           An employee who commits a wrongdoing is subject to appropriate disciplinary action, including termination of employment, in addition to and apart from any penalty provided for by law.

PROCEDURES

Procedures to manage disclosures

5(1)        Every chief executive must establish procedures to manage disclosures by employees of the public body for which the chief executive is responsible.

Content of procedures

5(2)        The procedures established under subsection (1) must include procedures

(a) for receiving and reviewing disclosures, including setting time periods for action;

(b) for investigating disclosures in accordance with the principles of procedural fairness and natural justice;

(c) respecting the confidentiality of information collected in relation to disclosures and investigations;

(d) for protecting the identity of persons involved in the disclosure process, subject to any other Act and to the principles of procedural fairness and natural justice;

(e) for reporting the outcomes of investigations; and

(f) respecting any other matter specified in the regulations.

Ombudsman entitled to copy of procedures

5(3)        The chief executive must give a copy of the procedures established under subsection (1) to the Ombudsman on the Ombudsman's request.

Ombudsman may make recommendations

5(4)        The Ombudsman may review the procedures to ensure that they comply with this Act and the regulations and may make recommendations respecting the procedures.

S.M. 2018, c. 4, s. 4.

Designated officer

6           Every chief executive must designate a senior official — who may be the chief executive — to be the designated officer for the purposes of this Act, to receive and deal with disclosures by employees in the public body for which the chief executive is responsible.

S.M. 2018, c. 4, s. 5.

Exception

7(1)        Sections 5 and 6 do not apply to a chief executive who determines in consultation with the Ombudsman that it is not practical to apply those sections given the size of the public body for which the chief executive is responsible.

Chief executive to be designated officer

7(2)        If no designation is made under section 6, the chief executive is the designated officer for the purposes of this Act.

S.M. 2018, c. 4, s. 6.

Information about Act to be communicated

8           The chief executive must ensure that information about this Act and the disclosure procedures are widely communicated annually to the employees of the public body for which the chief executive is responsible.

S.M. 2018, c. 4, s. 7.

MAKING A DISCLOSURE

Request for advice

9(1)        An employee who is considering making a disclosure may request advice from the designated officer or the Ombudsman.

Request may be in writing

9(2)        The designated officer or Ombudsman may require the request for advice to be in writing.

Disclosure by employee

10(1)       If an employee reasonably believes that he or she has information that could show that a wrongdoing has been committed or is about to be committed, the employee may make a disclosure to

(a) the employee's supervisor;

(b) the employee's designated officer; or

(c) the Ombudsman.

Supervisor must refer disclosure to designated officer

10(2)       If an employee makes a disclosure to his or her supervisor, the supervisor must promptly refer the matter to the designated officer.

S.M. 2018, c. 4, s. 8.

Disclosure to Auditor General re Ombudsman

11          If an employee of the office of the Ombudsman is seeking advice or making a disclosure regarding that office, the advice may be sought from, or the disclosure made to, the Auditor General.  If a disclosure is made, the Auditor General must carry out the responsibilities of the Ombudsman under this Act in relation to that disclosure.

Content of disclosure

12          A disclosure made under section 10 or 11 must be in writing and must include the following information, if known:

(a) a description of the wrongdoing;

(b) the name of the person or persons alleged to

(i) have committed the wrongdoing, or

(ii) be about to commit the wrongdoing;

(c) the date of the wrongdoing;

(d) whether the wrongdoing has already been disclosed and a response received.

Ombudsman to facilitate resolution within public body

13          When an employee makes a disclosure to the Ombudsman, the Ombudsman may take any steps he or she considers appropriate to help resolve the matter within the public body.

S.M. 2018, c. 4, s. 9.

MAKING A DISCLOSURE ABOUT AN URGENT MATTER

Public disclosure if situation is urgent

14(1)       If an employee reasonably believes that a matter constitutes an imminent risk of a substantial and specific danger to the life, health or safety of persons, or to the environment, such that there is insufficient time to make a disclosure under section 10, the employee may make a disclosure to the public

(a) if the employee has first made the disclosure to an appropriate law enforcement agency or, in the case of a health-related matter, the chief provincial public health officer; and

(b) subject to any direction that the agency or officer considers necessary in the public interest.

Disclosing to supervisor or designated officer

14(2)       Immediately after a disclosure is made under subsection (1), the employee must also make a disclosure about the matter to his or her supervisor or designated officer.

S.M. 2006, c. 35, s. 37.

TYPES OF INFORMATION THAT CAN BE DISCLOSED

Disclosure despite other Acts

15          Subject to section 16, an employee may make a disclosure under this Act, even if a provision in another Act or regulation prohibits or restricts disclosure of the information.

Where disclosure restrictions continue to apply

16(1)       Nothing in this Act authorizes the disclosure of

(a) information described in subsection 19(1) of The Freedom of Information and Protection of Privacy Act (Cabinet confidences), except in circumstances mentioned in subsection 19(2) of that Act;

(b) information that is protected by solicitor-client privilege;

(c) in the case of a disclosure to the public under subsection 14(1), information that is subject to any restriction created by or under an Act of the Legislature or the Parliament of Canada, or a regulation made under an Act.

Caution re disclosure of personal or confidential information

16(2)       If the disclosure involves personal information or confidential information, the employee must take reasonable precautions to ensure that no more information is disclosed than is necessary to make the disclosure.

Other obligations to report not affected

17          Nothing in this Act relating to the making of a disclosure is to be construed as affecting an employee's obligation under any other Act or regulation to disclose, report or otherwise give notice of any matter.

18          Renumbered as section 29.1.

PART 3

INVESTIGATIONS

Purpose of investigation

19          The purpose of an investigation into a disclosure of wrongdoing is to bring the wrongdoing to the attention of the appropriate public body, and to recommend corrective measures that should be taken.

S.M. 2018, c. 4, s. 13.

Investigation by designated officer

19.1(1)     The designated officer is responsible for investigating a disclosure that is made to the employee's supervisor or to the designated officer.

Designated officer may consult

19.1(2)     A designated officer may consult regarding the management of an investigation with the Ombudsman, the chief executive and any other person the designated officer considers necessary for the purpose of the investigation.

S.M. 2018, c. 4, s. 14.

Investigation by Ombudsman

20(1)       Subject to this section, the Ombudsman is responsible for investigating a disclosure that he or she receives under this Act.

Matter already being investigated

20(2)       The Ombudsman may decide not to investigate a disclosure if the subject matter is being investigated by a designated officer.

Referral to designated officer

20(3)       The Ombudsman may refer a disclosure to the designated officer if the Ombudsman believes that the matter could be dealt with more appropriately by the designated officer.

Ombudsman may inquire about status

20(4)       If the Ombudsman decides not to conduct an investigation under subsection (2) or refers a disclosure to the designated officer under subsection (3), the Ombudsman may ask the designated officer to inform the Ombudsman of the steps that the designated officer has taken or proposes to take to deal with the matter.

Referral to Auditor General

20(5)       The Ombudsman may refer a disclosure to the Auditor General if the Ombudsman believes that the matter would be dealt with more appropriately by the Auditor General in accordance with The Auditor General Act.

S.M. 2018, c. 4, s. 15.

Decision not to investigate

21(1)       The designated officer or Ombudsman may decide not to investigate a disclosure, or may cease an investigation, if he or she is of the opinion that

(a) the subject matter of the disclosure could more appropriately be dealt with, initially or completely, according to a procedure provided for under another Act;

(b) the disclosure is frivolous or vexatious, or has not been made in good faith or does not deal with a sufficiently serious subject matter;

(c) so much time has elapsed between the date when the subject matter of the disclosure arose and the date when the disclosure was made that investigating it would not serve a useful purpose;

(d) the disclosure relates to a matter that results from a balanced and informed decision-making process on a public policy or operational issue;

(e) the disclosure does not provide adequate particulars about the wrongdoing as required by section 12; or

(f) the disclosure relates to a matter that could more appropriately be dealt with according to the procedures under a collective agreement or employment agreement; or

(g) there is another valid reason for not investigating the disclosure.

21(2) and (3) [Repealed] S.M. 2018, c. 4, s. 16.

Informing person making disclosure

21(4)       If the designated officer or Ombudsman decides not to investigate or to cease investigating a disclosure, he or she must inform the person making the disclosure of the decision. In the case of a decision by the designated officer, he or she shall also advise that the person may make a disclosure to the Ombudsman.

S.M. 2018, c. 4, s. 16.

Manner in which investigation conducted

22(1)       An investigation is to be conducted as informally and expeditiously as possible.

Protecting right to procedural fairness and natural justice

22(2)       The person conducting an investigation must ensure that the right to procedural fairness and natural justice of all persons involved in the investigation is respected, including persons making disclosures, witnesses and persons alleged to be responsible for wrongdoings.

Protecting identity of persons involved in investigation

22(3)       The person conducting an investigation, and any other person involved in the management of a disclosure, must take reasonable steps to protect the identity of each person involved in the investigation, including a person making a disclosure, a witness and a person alleged to be responsible for a wrongdoing.

Designated officer must follow procedures

22(4)       A designated officer must conduct an investigation in accordance with the procedures established by the chief executive.

Records and information

22(5)       A designated officer may require an employee

(a) to produce to the designated officer any records in his or her possession or under his or her control that may be relevant to an investigation; and

(b) to be interviewed for the purpose of the investigation.

Ombudsman's investigation

22(6)       The Ombudsman and persons employed under the Ombudsman have the powers and protections provided for in The Ombudsman Act when conducting an investigation of a disclosure under this Act.  Sections 12 to 14, 24 to 35 and 39 to 41 of that Act apply to the conduct of such an investigation, with necessary changes.

S.M. 2018, c. 4, s. 17.

Investigating other wrongdoings

23          If, during an investigation, the designated officer or Ombudsman has reason to believe that another wrongdoing has been committed, he or she may investigate that wrongdoing in accordance with this Part.

S.M. 2018, c. 4, s. 18.

Report re investigation

24(1)       Upon completing an investigation, the designated officer or Ombudsman must prepare a report containing his or her findings and any recommendations about the disclosure and the wrongdoing.

Copy to chief executive

24(2)       The designated officer or Ombudsman must give a copy of the report to the responsible chief executive.

Matter being investigated involves chief executive

24(3)       When the matter being investigated involves the chief executive, the Ombudsman must also give a copy of the report,

(a) in the case of a department, to the minister responsible;

(b) in the case of an office, to the Speaker of the Legislative Assembly;

(c) in the case of a school division or school district, to the chair of the school board;

(d) in the case of a municipality, to the head of its council;

(e) in the case of a local government district, to the minister responsible for The Local Government Districts Act; or

(f) in the case of any other government body, to the board of directors of the government body and to the minister responsible.

Informing employee

24(4)       The designated officer or Ombudsman must inform the employee who made the disclosure of the results of the investigation. The designated officer or Ombudsman may do so in the manner and at the time he or she considers appropriate.

S.M. 2018, c. 4, s. 19.

Chief executive to notify Ombudsman of proposed steps

25(1)       The Ombudsman may ask the chief executive to inform him or her, within a specified time, of the steps taken or proposed to be taken to give effect to any recommendation the Ombudsman has made.

Further report if steps not taken

25(2)       If the Ombudsman believes that the public body has not appropriately followed up on his or her recommendations, or did not co-operate in the Ombudsman's investigation under this Act, the Ombudsman may make a report on the matter

(a) in the case of a department, to the minister responsible;

(b) in the case of an office, to the Speaker of the Legislative Assembly;

(c) in the case of a school division or school district, to the chair of the school board;

(d) in the case of a municipality, to the head of its council;

(e) in the case of a local government district, to the minister responsible for The Local Government Districts Act; or

(f) in the case of any other government body, to the board of directors of the government body and to the minister responsible.

S.M. 2018, c. 4, s. 20.

26          Renumbered as section 29.2.

PART 4

PROTECTION FROM REPRISAL

Protection of employee from reprisal

27          No person shall take a reprisal against an employee or direct that one be taken against an employee because the employee has, in good faith,

(a) sought advice about making a disclosure from his or her supervisor, designated officer or chief executive, or the Ombudsman;

(b) made a disclosure; or

(c) co-operated in an investigation under this Act.

Reprisal complaint to the Ombudsman

27.1(1)     An employee or former employee who alleges that a reprisal has been taken against him or her may make a written complaint to the Ombudsman.

Complaint to the Auditor General

27.1(2)     If the employer or former employer is the office of the Ombudsman, then the employee or former employee may make the complaint to the Auditor General.

Investigation of reprisal complaint

27.1(3)     The Ombudsman or Auditor General, as the case may be, must investigate and manage the complaint in the same manner as a disclosure. Sections 19 and 20 to 25 apply with necessary changes to the complaint.

S.M. 2018, c. 4, s. 22.

Further reprisal complaint to Manitoba Labour Board

28(1)       An employee or former employee who makes a complaint under section 27.1 may make a further complaint about the alleged reprisal to the Manitoba Labour Board if

(a) the Ombudsman or Auditor General decides not to investigate the reprisal complaint or ceases his or her investigation of the complaint without making a report;

(b) the employee or former employee is not satisfied with the findings or recommendations made by the Ombudsman or Auditor General respecting the reprisal; or

(c) 60 days have elapsed from the day on which the Ombudsman or Auditor General made recommendations respecting the reprisal and the employee or former employee is not satisfied with the steps taken to give effect to the recommendations.

New hearing

28(1.1)     The board must deal with a complaint under subsection (1) as a new complaint and not as a review of the investigation, decision or recommendations of the Ombudsman or Auditor General respecting the alleged reprisal.

Procedures for dealing with the reprisal complaint

28(2)       Section 30 and subsections 31(1) and (2) of The Labour Relations Act (procedures for dealing with unfair labour practice) apply to a complaint filed under subsection (1), with necessary changes.

Board order

28(3)       If the board determines that a reprisal has been taken against the complainant contrary to section 27, the board may order one or more of the following measures to be taken:

(a) permit the complainant to return to his or her duties;

(b) reinstate the complainant or pay damages to the complainant, if the board considers that the trust relationship between the parties cannot be restored;

(c) pay compensation to the complainant in an amount not greater than the remuneration that the board considers would, but for the reprisal, have been paid to the complainant;

(d) pay an amount to the complainant equal to any expenses and any other financial losses that the complainant has incurred as a direct result of the reprisal;

(e) cease an activity that constitutes the reprisal;

(f) rectify a situation resulting from the reprisal;

(g) do or refrain from doing anything in order to remedy any consequence of the reprisal.

S.M. 2018, c. 4, s. 23.

Labour Relations Act applies

29          Sections 134, 135, 136, 140, 142 and 143 of The Labour Relations Act apply to any proceeding before the Manitoba Labour Board under section 28, with necessary changes.

S.M. 2018, c. 4, s. 24.

PART 4.1

ANNUAL REPORTS

Chief executive's report about disclosures

29.1(1)     Each year, a chief executive must prepare a report on any disclosures of wrongdoing that have been made to a supervisor or designated officer of the public body for which the chief executive is responsible.

Information to be included

29.1(2)     The report must include the following information:

(a) the number of disclosures received and the number acted on and not acted on;

(b) the number of investigations commenced as a result of a disclosure;

(c) in the case of an investigation that results in a finding of wrongdoing, a description of the wrongdoing and any recommendations or corrective actions taken in relation to the wrongdoing or the reasons why no corrective action was taken.

Public access to report

29.1(3)     The report must be included in the annual report of the public body if an annual report is made publicly available.  Otherwise, the chief executive must make the report available to the public on request.

S.M. 2018, c. 4, s. 11.

Ombudsman's annual report

29.2(1)     The Ombudsman must make an annual report to the Legislative Assembly on the exercise and performance of his or her functions and duties under this Act, setting out

(a) the number of general inquiries relating to this Act;

(b) the number of disclosures received and the number acted on and not acted on;

(c) the number of investigations commenced under this Act;

(d) the number of recommendations the Ombudsman has made and whether the public body has complied with the recommendations;

(e) whether, in the opinion of the Ombudsman, there are any systemic problems that give rise to wrongdoings; and

(f) any recommendations for improvement that the Ombudsman considers appropriate.

Report to be tabled in Assembly

29.2(2)     The report must be given to the Speaker, who must table a copy of it in the Legislative Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

Special report

29.2(3)     Where it is in the public interest to do so, the Ombudsman may publish a special report relating to any matter within the scope of the Ombudsman's responsibilities under this Act, including a report referring to and commenting on any particular matter investigated by the Ombudsman.

S.M. 2018, c. 4, s. 21.

PART 5

GENERAL PROVISIONS

INFORMATION ABOUT WRONGDOING PROVIDED BY PERSONS OUTSIDE THE PUBLIC SERVICE

Disclosure of wrongdoing by others

30(1)       If a person who is not an employee reasonably believes that he or she has information that could show that a wrongdoing has been committed or is about to be committed, the person may provide that information to the Ombudsman.

Information to be provided

30(2)       Information provided to the Ombudsman under subsection (1) must be in writing and must include the following information, if known:

(a) a description of the wrongdoing;

(b) the name of the person or persons alleged to

(i) have committed the wrongdoing, or

(ii) be about to commit the wrongdoing;

(c) the date of the wrongdoing;

(d) whether the information has already been provided to the public body concerned and a response received.

Ombudsman may investigate

30(3)       Upon receiving information under this section, the Ombudsman may investigate the wrongdoing.  In that event, Part 3 applies.

Informing person who provided information

30(4)       The Ombudsman must inform the person who provided the information about the wrongdoing of the results of the investigation. The Ombudsman may do so in the manner and at the time he or she considers appropriate.

S.M. 2018, c. 4, s. 26.

Protection for private sector employee who provides information

31(1)       No employer of a private sector employee shall take any of the measures listed in subsection (2) against an employee by reason only that

(a) the employee has, in good faith, provided information to the Ombudsman about an alleged wrongdoing; or

(b) the employer believes that the employee will do so.

Prohibited measures

31(2)       The measures prohibited by subsection (1) are

(a) a disciplinary measure;

(b) a demotion;

(c) termination of employment;

(d) any measure that adversely affects the employee's employment or working conditions; and

(e) a threat to take any of the measures referred to in clauses (a) to (d).

Other rights not affected

31(3)       Nothing in this section affects any right of a private sector employee either at law or under a collective agreement or employment contract.

Meaning of "private sector employee"

31(4)       In this section, "private sector employee" means an employee or officer of a person or entity other than a public body.

S.M. 2018, c. 4, s. 27.

Protection for person contracting with government

32          No person acting or purporting to act on behalf of the government or a public body shall

(a) terminate a contract;

(b) withhold a payment that is due and payable under a contract; or

(c) refuse to enter into a subsequent contract;

by reason only that a party to the contract or a person employed by a party to the contract has, in good faith, provided information to the Ombudsman about an alleged wrongdoing in or relating to the government or a public body.

S.M. 2018, c. 4, s. 28.

IDENTITY OF WHISTLEBLOWER NOT TO BE DISCLOSED

Identity of whistleblower protected in civil or administrative proceedings

32.1(1)     No person shall be required in a civil court proceeding or a proceeding before an administrative tribunal to produce any record, or disclose any information, that could reasonably be expected to reveal the identity of a person who has made a disclosure under this Act.

Court or tribunal may examine record

32.1(2)     A court or tribunal may order that a record be provided to it for the purpose of determining whether the record could reasonably be expected to reveal the identity of the person who made the disclosure.

Court or tribunal may order that information be severed

32.1(3)     If the information that could reasonably be expected to reveal the identity of the person can be severed from the record, a court or tribunal may order that the remainder of the record be produced.

Precautions against disclosing identity

32.1(4)     If a record is provided to a court or tribunal under subsection (2), the court or tribunal must take reasonable precautions to protect the identity of the person who made the disclosure. Examples of reasonable precautions include receiving representations ex parte, conducting hearings in private and examining records in private.

Not applicable to section 28 proceedings

32.1(5)     This section does not apply to a Manitoba Labour Board proceeding under section 28.

Transitional

32.1(6)     This section does not apply to a proceeding commenced before the coming into force of this section.

S.M. 2018, c. 4, s. 29.

GENERAL OFFENCES

False or misleading statement

33(1)       No person shall — in seeking advice about making a disclosure, in making a disclosure, or during an investigation — knowingly make a false or misleading statement, orally or in writing, to a supervisor, designated officer or chief executive, or the Ombudsman, or to a person acting on behalf of or under the direction of any of them.

Obstruction in performance of duties

33(2)       No person shall willfully obstruct a supervisor, designated officer or chief executive, or the Ombudsman, or any person acting on behalf of or under the direction of any of them, in the performance of a duty under this Act.

Destruction, falsification or concealment of documents or things

33(3)       No person shall, knowing that a document or thing is likely to be relevant to an investigation under this Act,

(a) destroy, mutilate or alter the document or thing;

(b) falsify the document or make a false document;

(c) conceal the document or thing; or

(d) direct, counsel or cause, in any manner, a person to do anything mentioned in clauses (a) to (c).

Offence and penalty

33(4)       A person who contravenes this section or section 27, 31 or 32 is guilty of an offence and is liable on summary conviction to a fine of not more than $10,000.

Commencement of prosecution

33(5)       A prosecution under this Act may not be commenced later than two years after the day the alleged offence was committed.

LEGAL ADVICE

Arranging legal advice

34          If the designated officer or Ombudsman is of the opinion that it is necessary to further the purposes of this Act, he or she may, subject to the regulations, arrange for legal advice to be provided to employees and others involved in any process or proceeding under this Act.

LIABILITY PROTECTION

Protection from liability

35           No action or proceeding may be brought against a supervisor, designated officer or chief executive, or the Ombudsman, or a person acting on behalf of or under the direction of any of them, for anything done or not done, or for any neglect,

(a) in the performance or intended performance of a duty under this Act; or

(b) in the exercise or intended exercise of a power under this Act;

unless the person was acting in bad faith.

REGULATIONS

Regulations

36          The Lieutenant Governor in Council may make regulations

(a) designating a public sector body, a municipality or a local government district as a government body for the purposes of this Act;

(b) designating an entity that receives all or a substantial part of its operating funding from the government as a government body for the purposes of this Act;

(c) for the purpose of section 5, respecting the procedures to be followed in managing and investigating disclosures and reporting the outcome of investigations, including setting time periods for action;

(d) exempting Acts or regulations from the application of section 15 where the exemption is in the public interest;

(e) respecting the provision of legal advice under section 34, including determining the circumstances under which legal advice may be provided and the amounts that may be paid;

(f) defining any word or phrase used but not defined in this Act;

(g) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

S.M. 2018, c. 4, s. 30.

MISCELLANEOUS PROVISIONS

37          

NOTE: This section contained an amendment to section 14 of this Act, which is now consolidated in that section.

Review of Act every five years

37.1(1)     The minister appointed by the Lieutenant Governor in Council to administer this Act must review the operation of this Act within five years after the day on which this section comes into force and at least once every five years after that review.

Tabling report in Assembly

37.1(2)     The minister must table a report on the review in the Legislative Assembly within one year after the review is undertaken, or within such further time as the Assembly may allow.

S.M. 2018, c. 4, s. 31.

C.C.S.M. reference

38          This Act may be referred to as chapter P217 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

39(1)       Subject to subsection (2), this Act comes into force on a day to be fixed by proclamation.

Coming into force: section 37

39(2)       Section 37 comes into force

(a) when section 10 of Bill 21, introduced in the Fourth Session of the 38th Legislature, entitled The Public Health Act, comes into force; or

(b) on the day that subsection 14(1) of this Act comes into force;

whichever is later.

NOTE: S.M. 2006, c. 35, except section 37, came into force by proclamation on April 2, 2007.

NOTE: Section 37 came into force on April 1, 2009.